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police custody before being brought before a judge in the case of a capital offence, and are
reportedly held for longer periods than those prescribed in the Constitution. Moreover,
detainees do not have a legal right to an independent medical examination as soon as they
are admitted to a place of detention, nor, in the case of foreigners, to communicate with the
consular authorities. The Committee is further concerned at the fact that the registration of
detainees is not regulated and registers are poorly kept (art. 2).
The State party should:
(a)
Ensure that detainees enjoy, de jure and de facto, all legal safeguards
from the moment when they are deprived of their liberty, particularly the rights to be
examined by an independent doctor; to notify a relative and, in the case of foreigners,
consular authorities; to be brought promptly before a judge; and to have prompt
access to a lawyer and, if necessary, to legal aid;
(b)
Take effective steps without delay to ensure that the National Legal Aid
Board, created in the Legal Aid Act, 2012, commences its work as soon as possible
and, with the Sierra Leone Bar Association, is provided with sufficient resources to
provide legal aid to all persons in need;
(c)
Adopt effective legislative, administrative, judicial and other measures to
regulate the registration of all detainees in the country, which should indicate the type
of detention, the crime and period of detention or imprisonment, the date and time of
deprivation of liberty and of being taken into detention, the place where they are
being held, and their age and sex;
(d)
Make the necessary amendments to its laws to abolish the provision
under which people may be held in police custody for a 10-day period or 72 hours,
depending on the offence, and introduce in its place a maximum 48-hour period.
Death penalty
12.
While welcoming the official moratorium on executions since 2011 and the current
efforts of the State party to do away with the death penalty, the Committee remains
concerned that the death penalty has not yet been officially abolished (arts. 2 and 16).
The Committee encourages the State party to accelerate its current legislative review
and to abolish the death penalty, in line with the commitment made during the
dialogue with the Committee.
Excessive use of force, including lethal force
13.
The Committee is highly concerned about allegations of excessive use of force,
including lethal force, by police and security forces, especially when apprehending suspects
and quelling demonstrations, and about the broad threshold for the use of lethal force in
section 16, paragraph 2, of the Constitution. In particular, the Committee is concerned that
the alleged excessive use of force by the police in Bumbuna, Tonkolili, in April 2012 led
only to a confidential Coroner’s inquest (arts. 2, 12 and 16).
The State party should take immediate and effective action to investigate promptly,
effectively and impartially all allegations of excessive use of force, especially lethal
force, by members of law enforcement agencies and to bring those responsible for
such acts to justice and provide the victims with redress. The State party should also
ensure that confidential Coroner’s inquests are complementary and not a substitute
for criminal prosecutions and court proceedings.
The Committee urges the State party to make the necessary amendments in section 16
of the Constitution and the police rules of procedure to ensure that lethal use of
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